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HomeMy WebLinkAboutCC October 18, 1983 ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING-OCTOBER 18, 1983 AGENDA 1- Call to Order - 7:30 P.M. 2. Resident Forum 3. Agenda Approval 4. Discussion Items a. Final Plat - Rolling Forest/L.Carlson b. Preliminary plat - Ivywood Estates/T.Mattson,L.Hennen c. Rezoning - R.Sonsteby d. Survey - R.Sonsteby e. Shoreland Zoning Ordinance f. Letter of Intent/Soil & Water Conservation District g. h. 5. Non-Discussion Items a. Amendment-Parking Ordinance (TOwing Provision) b. Amendment-Zoning Ordinance ("Full-Story" Definition) c. Amendment-Platting Ordinance (ROad Frontage) d. e. 6. Reports of Commissions, Committees, Staff a. Road Comittee b. 7. Approval of Minutes 8. Approval of Claims 9. Adjournment CITY 01 ANDOVER MEMORANDUM TO: MAYOR AND COUNCIL COPIES TO: ATTORNEY FROM: CITY CLERK/A. DATE: OCTOBER 13, 198 REFERENCE: AGENDA COMMENTS - OCTOBER 18 REGULAR MEETING Item NO. 3 - Agenda Approval Please delete Item No. 4a (Rolling Forest/Final Plat) from the agenda. There is still some work to be completed on the streets and the developer would rather not escrow for this, therefore, it will be on the November 1 Agenda. Also delete Item No. 5b (Parking Ordinance Amendment-Towing) . A review of Ordinance No. 33 has indicated that this section of the ordinance was never amended, therefore, is still valid and allows the Sheriff's Department to tow vehicles when deemed necessary. Please also delete Item No. 4d (Survey/Sonsteby) . John Davidson from T.K.D.A. has been on vacation and will not be back in time to give report on this item. You may also wish to delete Item 4f (Letter of Intent-ACSWCD). See comments. Item NO. 4a - Deleted Item No. 4b - Preliminary Plat/Ivywood Estates-T.Mattson, L. Hennen Enclosed is the Preliminary Plat of Ivywood Estates. You will note the non-riparian lots are less than the required 1 acre for the R-2 zoning. Ordinance No. 10C allows for lots of 39,000 square feet in the urban area if not served by municipal sewer. A rezoning to R-3 would not make the lots in compliance with Ordinance No. 1 DC; therefore, a variance should be given from Ordinance No. 8, Section 6.02 (minimum lot area). The DNR has reviewed the plat; their comments are attached. The Park Board is requesting cash in lieu of land. I have checked with Anoka County Assessor's Office for the market value of the raw land--their records show $68,400. 10% of the $68,400 would be a dedication fee of $6,840.00. You will note the developer is leaving one lot open, with an easement to all the other lots ill the development. A resolution will be prepared granting approval, setting out the exceptions and showing the park dedication fee. Item No. 4c - Rezoning - R. Sonsteby Mrs. Sonsteby is requesting approval to rezone approximately 22 acres off 7th Avenue from Neighborhood Business/Multiple-2 to General Business. The Planning and Zoning has held a public hearing and is recommending approval of the request. A resolution granting approval will be prepared. Agenda Information October 18, 1983 Regular Meeting Page 2 Item No. 4d - Delete Item No. 4e - Shoreland Zoning Ordinance Attached is a Model Ordinance covering shore land zoning. The staff did meet with DNR representatives in late August and reviewed their requests. Before it was sent to the Planning and Zoning Commission for recommendation and hearings, the City Council has asked for the opportunity to offer their comments. Item No. 4f - Letter of Intent (Anoka County Soil & Water Conservation) Attached is a letter just received by this office today relative to the Water Management Act. They had requested that this item be on the agenda, however, without details it was difficult to determine the purpose. After reading this corr2spondence it would appear that all that would be necessary is a letter advising them that we have already set up a Water Management Organization; and that to-date we have not determined the scope of outside assistance or the agencies to be used. (Numerous letters have been received from various planning and engineering firms offering their services). Item No. Sa - Delete Item No. 5b - Amendment-Zoning Ordinance (Full-Story Definition, etc. ) The Council had requested additional time to review this item. Since the last meeting, we have had the opportunity to field questions from realtors, builders on the proposed ordinance as it relates to 2-story dwellings. As a result of my conversations with them, I have re-drafted an amendment which should prevent any future problems and should clarify the question for the Council. This draft amendment with comments is enclosed. YOu will note I also included a statement to exempt lots of record from the provisions of this ordinance as it relates to frontage; and also exempted cuI de sac lots. This should clarify the concerns of the Council. Item No. 5c - Amendment-Platting Ordinance (Road Frontage) Please see the attached draft ordinance and the comments under Item 5b relating to this item. Item No. 6a - Road Committee The question on the traffic control for Green Acres/Northwoods will be tabled until the Road Committee has had another opportunity to meet. The proposal for MSA street improvements and associated funding will be presented by the Committee. Item No. 7 - Approval of Minutes August 2, 15, 16, September 6, 13, 20 (Regular/Special) , 26, October 4. Attachments ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - OCTOBER 18, 1983 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on October 18, 1983, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota. Councilmen present: Elling, Knight, Lachinski, Orttel Councilmen absent: None Also present: City Attorney, William G. Hawkins; City Engineer, James Schrantz; Planning and Zoning Chairperson, d'Arcy Bosell; City Clerk/A. Administrator, P. K. Lindquist; and others RESIDENT FORUM Doug Steele, 140th Lane NW - commended the Council and City Engineer for hirng the t1rm that d1d Pra1r1e Road, stating they did a marvelous job, were helpful to the people, and kept problems to a minimum. Mary Slinde, representing Faith Lutheran Church - stated they have $400 to go out to Andover victims of the July storm. She asked for suggestions as to how that money could be used. Mayor Windschitl suggested talking with the Red Cross to see what people they are still working with. AGENDA APPROVAL Mayor Windschitl suggested the following changes: Add items 4h, 175th Street Easement; 4h, Doug Steele/Assessment Hearing; 4i, SchripteK Recovery Systems; 6b, Senior Citizens Center Problems; and the Deletion of items 4a, Final Plat - Rolling Forest/L. Carlson; and 5a, Amendment - Parking Ordinance (Towing Provisions). MOTION by Elling, Seconded by Knight, that we amend the Agenda as submitted. Mot ion carried unanimously. PRELIMINARY PLAT - IVYWOOD ESTATES/T. MATTSON, L. HENNEN Chairman Bosell reviewed the Planning and Zoning Commission's recommendation to approve the preliminary plat, noting the additions and corrections they recommended in the plat. The Commission reviewed the plat again last Tuesday and found that all those recommenda- tions have been complied with. She also explained the property is within the Scenic River District, which means the riparian lots need to be four acres in size and cannot be subdivided in the future. The non-riparian lots are not in compliance because they are not 2~-acrelots,but they are within the after-1990 sewer availability area. The DNR had no problem with the lots of 39,000 square feet, which is required in the urban area if not served by municipal sewer; and those non-riparian lots could not be divided smaller than 12,500 square feet. Also, because of the limited acreage, the lots are not 150 feet deep, but most are 135 feet deep. Councilman Knight stated he received two calls today from people in Meadowood; and they are upset because when they bought their property in Meadowood, they were of the under- standing that the property around them would not be subdivided into anything smaller than 2~ acres. And now they are looking at potentially small. lots in this subdivision. They feel this is contrary to what they were lead to believe, and they were not aware of the situation because they weren't notified. Discussion was the property owners within 350 feet of the plat were notified, it was published in the paper, and the property has been zoned R-2, which is smaller than 2~ acres. Chairman Bosell also noted only one or two property owners were at the public hearings, neither expressing any obj ect i on. -- Regular City Council Meeting October 18, 1983 - Minutes Page 2 (Preliminary Plat - Ivywood Estates, Continued) Discussion was then on the drainage through the area and on the access to the Rum River. The developers indicated half the drainage will go to the north and part of it drains off to Seventh Avenue. Chairman Bosell also noted the Park Board asked for money in lieu of parkland, and the restrictive covenant on the plat will specify that each person that purchases>a parcel in the subdivision will own a part of the outlot so they have access to the Rum River. That access is adjacent to the Meadwood park now, but the DNR has requested it be left natural. Mayor Windschitl questioned the setback on Lot 3, Block 1. Mr. Hennen stated the front setback could be either from the road or back on the lot to the setback from the river. It was also noted that all the non-riparian lots are divisible by three with the exception of Lot 1, Block 3, which could be divided into two lots in the future. The Council also reviewed a copy of the future subdivision of the area. It was felt the 39,OOO-square-foot concept has worked out well and should be considered for future subdivisions within the urban service area that is not yet served by sanitary sewer. It was noted that in this instance, a variance would need to be granted from Ordinance No.8, Section 6.02 (minimum lot area). Mr. Schrantz also recommended dedicating additional drainage easement by a separate document on a lot outside the plat off the southeastern corner. Mr. Hennen stated he owns that lot, that there is a 50-foot easement there now, and that he is willing to dedicate the additional drainage easement being requested. He also explained the shading shown on the plat indicates where they will fill to enhance the lot. No filling is needed to correct the lot elevations, as every lot meets the 39,OOO-square-foot requirement for on-site septic systems. MOTION by Elling, Seconded by Lachinski, introducing a Resolution approving the Pre- 11m1nary Plat of Ivywood Estates as presented by the Planning Commission. (See Resolution Rlll-83) Motion carried unanimously. REZONING - R. SONSTEBY Chairman Bosell explained when reviewing Ms. Sonsteby's request to rezone approximately 23 acres to General Business, they considered a philosophy they have used in updating the ordinance that as nonresidential districts are developed, the smaller district size should be 2~ acres, then 5 acres, then to 10, 15, or 20 acres; the larger the use, the larger the acreage. So in the General Business district, the philosophy is it should be a minimum of ten acres in size. Because the area is not yet served with sanitary sewer, the lot size within the 23-acre piece being requested for the rezoning cannot be any smaller than 39,OOO square feet per unit. Chairman Bosell stated there were no comments from neighbors about the rezoning. She noted there is also a buffer along the street in the City of Anoka, leaving 350 feet of property that is not included in the rezoning and which will be left M-2. She clarified that drawing before the Council should show the 350-foot line about 3/8 inch higher than what is shown. Ms. Sonsteby - stated that property is·/zoned for apartments and thought that depth between the City of Anoka and the Genenal:.Business boundary would be used for apart- ment buildings. Mayor Windschitl asked where the alignment would be for the proposed County 116 through the area in relation to this proposal. Ms. Sonsteby - stated she has not been contacted by the county. She didn't know how many acres will be taken for that road. Chairman Bosell stated there will still be quite a bit of land left after the easement for the road is taken. Mayor Windschitl commented if it is known what the alignment for the road will be through the property, she might configure the rezoning differently. Chairman Bosell stated they talked Regular City Council Meeting October 18, 1983 - Minutes Page 3 (Rezoning - R. Sonsteby, Continued) about that at their meeting, and Ms. Sonsteby stated she was willing to take the gamble at this time. Mayor Windschitl asked if she intends to plat the property. Ms. Sonsteby - explained she can sell the land easier for General Business than she can for apartments, because sanitary sewer is not available to be able to construct apartments. She does not know when she will be able to get sewer and feels she is stuck with the land unless it is rezoned so she can sell it. She has had some inquiries about the property. Councilman Lachinski stated in the past when someone has asked for a rezoning, many requirements have been placed on them before it is approved. In this instance, the Council has no idea what use is being planned for the property, and he was concerned about that. Councilman Elling stated he had a problem with the blanket rezoning, upgrading the zone to a heavier Use in a nonsewered, nonwatered area where it is not known when those utilities will be available. He had no problem with business in that area but was concerned about having to provide premature extension of utilities to the area. Chairman Bosell stated that is controlled by the number of units required for a specific use. The lot size for a wet use is determined by the number of units needed for that use, feeling there is control over the development. When the area is platted, the Council has some control by the issuance of building permits, special use permits, etc. In this instance the issue is a philosophical decision -- does the City want a General Business district on Sevenue Avenue? Councilman Orttel stated he was not concerned with the sewer issue, as other cities, using Ham Lake as an example, have restaurants and zero lot line businesses that have self-contained sewer systems. Council discussion continued, each restating his position and concerns. Mayor Windschitl stated he would like to see the county alignment for 116 ~uperimposed to see if the residual property would satisfy the M-2 district and if it is dimensioned properly. He also noted another issue is a pending acquisition for a county road; and by changing the zoning, the valuation of the property is changed for acquisition purposes, feeling that question should be addressed. Ms. Sonsteby - stated she feels the Council is discriminating against her, alleging Good Value comes in and does anything they want. She stated she has a perfect spot for this zoning, and she is running into all this negativism. She didn't feel she had to worry about what the county wants to do, as they could·'have contacted her. She stated they can have the road if they want it but felt it has nothing to do with her request. There has been no opposition to this, stating yet the Council is trying so hard to degrade it. She alleged this happens every time she comes in for something. She asked why she should be sitting with this piece of property which"she cannot do anything with, when if it is zoned General Business, she could sell it. Mayor Windschitl stated he didn't know if the Council was stating opposition to the General Business, but it's a question of how and ·what the configuration should be. And everything that Rademacher built on Round Lake, with the exception of the liquor store, could have been built in a Neighborhood Business zone. Plus sewer and water is there already. The question Councilman Elling is raising is on the sewer. Ms. Sonsteby - stated that is already covered by the ordinance as to what is required and what can or cannot be put in the zoning. The gas company is next to her, and no one wants apartments next to it because of the odor. Councilman Lachinski asked once the rezoning is done, what control does the City have over what is going to go in there, what the building will look like, etc. Chairman Bosell noted if it is going to be divided into other than five-acre parcels, the City Regular City Council Meeting October 18, 1983 - Minutes Page 4 (Rezoning - R. Sonsteby, Continued) sees it when it is platted. Councilman Orttel stated the City's ordinance allows the rezoning as requested and the ordinance also controls the use, building sizes, etc. Mayor Windschitl noted a special use permit would accomplish what Councilman Lachinski is referring to. He felt the question in this instance is whether the zoning is satisfactory for the long-term planning of the City and is the City able; to provide the services necessary to sustain it. Ms. Sonsteby - again stated she felt the proposed County 116 through the area'has no bearing on her request, because if there is some discrepancy between what she is asking for in the M-2 zoning and what is left after the road is put through, she could simply ask for a rezoning later on. if necessary. She didn't think it was fair to hold up the rezoning until it is resolved with the county. Council discussion was that no businesses would come in until that alignment is known, and that the next logical step for this pro~erty is platting, at which time that point would come about. The intent is just to find out where the county is planning the alignment, feeling that is already known by the county. Council discussion also noted the differences in uses allowed in a GB versus NB zoning, noting the largest difference is the liquor by special use and limited manufacturing. Councilman Knight expressed concern of the use of liquor store or restaurant in the area, feeling it is basically a residential area. He stated he wouldn't have a problem with an NB zoning. Ms. sonsteb~ - stated she has had inquiries for a larger grocery store in that area. She d1dn't eel it was that residential, as the gas company has 20 acres to the north. Councilman Elling again stated he would have no problem with the rezoning if the City knew what the use was going to be or if it was known when the sanitary sewer would be coming. By carte bJ.anche zoning, and in this instance zoning upward, he felt they are losing control of the development of the City. Councilman Orttel felt there is no way the Council could zone the City and demand what the use is going to be because uses change with time. He also noted the closest residential units to that area is zoned for the mobile homes along the lake. Across the road is the arena and undeveloped parkland. And he didn't feel the City is losing control over development but is using a prudent design of the City to accommodate what is needed. With the density of development in that part of the City, he didn't think there is a question that the need exists. Mayor Windschitl noted the rezoning requires a 4/5 vote and the Counci 1 must address the rezoning question. If additional information is needed before the Council can make a decision, they have the right to ask for it. Councilman Lachinski asked what the resident comment has been on this item and how they have been informed. Chairman Bosell noted Ms. Sonsteby has met the notification requirements of the ordinance, that property owners within 350 feet have been notified, plus the rezoning sign has been placed on her property since the middle of September. Only one person was at the public hearing and the City Hall has not received any calls on the matter. The City of Anoka was also notified, and the item was published in the paper. Counci lman Lachinski felt that basically the public is uninformed on the matter. Ms. Sonsteby - stated there are no residents around the property, and there has been no opposition to it. She has met the notification requirements, again angrily accusing the Council of trying to find something and to pick it to pieces. Councilman Orttel agreed with Ms. Sonsteby, that the Council makes such decisions all the time, that considerable notification was given in this instance as the signs were very evident, and the only neighbors she is required to notify is the mobile home property to the east, the Anoka County park to the west, and the gas company to the north. What the City's ordinance says has been complied with, and it is just a philosophical question of whether or not that area should be zoned General Business. Regular City Council Meeting October 18, 1983 - Minutes Page 5 (Rezoning - R. Sonsteby, Continued) Ms. Sonsteby - stated she is not going to be building on the property. She has a chance to sell a 39,OOO-square-foot lot for someone who wants a small business. Whereas now she has to have sewer to put up apartments, and she is just sitting on the property not being able to do anýthing with it. And the way the Council is acting is they do not want her to do anything with her property. She has a chance to sell the property on GB; and if the county wants to buy some of it, fine. But she didn't feel she should be held back because of that. Councilmen Lachinski and Knight expressed some concern if the uses of motor transport or bar and restaurant were allowed in that area. Councilman Elling desired to see the Anoka County alignment through the area, feeling the change of zone will increase the acquisition costs. Councilman Orttel stated that isn't Ms. Sonsteby's problem,it is the county's Chairman Bosell again noted it is a philosophical question as to whether or not the City wants a GB zone in that area. A restaurant could be built on the zone that is there now. And Ms. Sonsteby could not simply sell 39,000 square feet for a lot, as the property would have to be platted. Ms. Sonsteby - stated she is not arguing that part. But if there was one person in here tonight that objected to it, it would be the best excuse. But there isn't anyone and no one has called with an objection, and she again expressed her opiniòn that she is being unfairly treated and has always been so. She stated she has the right to have her property rezoned and felt this is the perfect spot for it. Mayor Windschitl disputed her accusation that she has always been hassled about her requests, stating she is treated the same way as any other developer who comes before the Council. Councilman Knight stated the rezoning will have a definite impact to those people living along Seventh Avenue, and stated he would like to have some input as to what they think about it. Councilman Orttel stated in this instance the notification has been beyond what the ordinance required already. It was generally agreed to table the matter to obtain further information, and Mayor Windschitl noted he would not be in attendance at the November 1 meeting. Legally, the Council must act on the matter no later than the second meeting in November. MOTION by Knight, Seconded by Lachinski, to table this until November 15 to give Councilmembers more time to solicite additional information. VOTE ON MOTION: YES-Elling, Knight, Lachinski, Windschitl; NO-Orttel. Motion ~arried. Councilman Orttel commented it has been over three weeks since this public hearing and everyone had the opportunity to contact anyone if they wanted to. And to come back at this time saying they want more time to contact people is ridiculous. MOTION by Lachinski, Seconded by Elling, that we request input from the County Engineer as to the alignment of 116 across the proposed Rosella's (Sonsteby) rezoning ~o~r~. VOTE ON MOTION: YES-Elling, Knight, Lachinski, Windschitl; NO-Orttel Motion carried. Councilman Elling stated this is no different from anything else when it affects another City in that the residents in the City of Anoka should have been notified. Chairman Bosell stated the City of Anoka has been notified. Councilman Lachinski also noted that this is what happened over in Pankonin's Addition where the City didn't know what was going in there and ended up with a bunch of junkyards. Regular City Council Meeting October 18, 1983 - Minutes Page 6 (Rezoning - R. Sonsteby, Continued) Ms. Sonsteby - asked how she is supposed to know what is going in there, as she intends to advert1se the property as GB and sell it. She felt that was a poor excuse. She paid her $150 fee for a rezoning to GB and she met the ordinance requirements for notification. Mayor Windschitl explained the question comes down to whether 4/5 of the Council feels the GB category is good planning for this area. Also, this is not an attempt to get involved between Ms. Sonsteby and the county as far as the acquisition of the land. The City is just asking where the alignment will go. SURVEY - R. SONSTEBY TKDA has not yet given an answer on the survey question raised by Ms. Sonsteby last month. Mayor Windschitl questioned why an answer hasn't yet been received, feeling it would be a relatively simple matter to get that information. Mr. Schrantz stated John Davidson has been on vacation, and there is no one else they can work with at this time. MOTION by Elling, Seconded by Lachinski, that we continue this item to the next meeting and have the City Engineer request an answer by no later than the end of this week from TKDA on whether or not they had ties to the stakes during the project. Motion carried unanimously. Recess at 9:08; reconvene at 9:18 p.m. SHORE LAND ZONING ORDINANCE Mayor Windschitl suggested a lot of care be taken in developing this ordinance, particularly in the classifications of the bodies of water, noting some of the setback problems that could be encountered. He felt the Planning Commission would need to very carefully determine what effect the ordinance would have on the various bodies of water. He also recommended along the creeks to make the watershed setbacks and these at least reasonably the same. Council discussion also noted that the first priority would be for the Planning Commission to complete the revision of Ordinances 8 and 10 prior to working on this one. MOTION by Knight, Seconded by Lachinski, to refer it to the P & Z and prioritize it behind 8 and 10 and coordinate it with other ordinances. Motion carried unanimously. ANOKA SOIL & WATER CONSERVATION Discussion was on the letter relative to the Water Management Act. Mr. Schrantz explained that they want to do the study for the Water Management of the Rum River. Mayor Windschitl stated the,'question to address is whether the Council wants to tax on the general levy for this purpose. Council generally expressed opposition to this, and directed the City Clerk to write them saying the City has already set up a Water Management Ordinance, and to date the scope of outside assistance or agencies to be used has not yet been determined. 175TH - EASEMENTS Mr. Schrantz reported they have not been able to reach an agreement with one of the property owners for the drainage easement. (Reference the Minutes of the October 6 Assessment Hearing for Project 83-6). But there is a natural drainage through that area and they will not be changing the drainage in any way, but simply blacktopping the road. Palmer ~ohnson is willing to give 7\ feet of easement off his lot for drainage. Mr. Schrantz hasn't asked the party next to Mr. Johnson for a waiver of trespass to do swale work to confine the water. He also stated the fill will be placed on the lot across the road from Mr. Johnson's lot. Regular City Council Meeting October 18, 1983 - Minutes Page 7 (175th - Easements, Continued) Attorney Hawkins stated based on what Mr. Schrantz told him about the situation, he felt the law would allow the City to simply let the drainage go where it has always gone. But if some problem does evolve, obviously that party will contend that the City is the source of the problem and the City could then be confronted with a lawsuit. At this point the Council has the question of whether or not to go ahead with that possibility or go make a further attempt to acquire the easement, which could be a long and expensive process for a 7~-foot easement. Mr. Schrantz stated they would not have to do anything at all and just let the water run out the end of the pipe. But they are confining the water more versus having the water run across that lot. He didn't feel they will be creating a problem, as the water will be flowing just where it does now. Council agreed with the Engineer's recommendation and took no further action. DOUGLAS STEELE/ASSESSMENT HEARING Mr. Schrantz reported the street past his property was paved, with curb and gutter on Mr. Steele's side. He figured how much it would cost to do the entire street, which amounted to $3,500 a unit, and added $1,000 for the curb and gutter. Mr. Steele - stated for that amount, the road was paved right to his property line. MOTION by Orttel, Seconded by Lachinski. introducing a Resolution adopting the Assessment for improvement of bituminous streets under Improvement Project No. 83-9 for the area known as part of 140th Lane as presented. (See Resolution Rl12-83) Motion carried unanimously. SCHRIPTEK RECOVERY SYSTEMS ¡he Clerk reviewed a letter from Mr. Slayback requesting a 30-day extension on the Special Use Permit to complete the fencing. She has also checked and found everything else has been completed to date. Fire Chief Frank Stone stated he was on site about nine days ago and the fire lanes have been opened through the old farm area. They are moving right along with the fire lanes, Mr. Stone stating: he had no complaints about the work.being done there. MOTION by Lachinski, Seconded by Orttel, that we defer any action on the nonconformance of Schriptek to fence the property for at least 30 days until November 16. Motion carried unanimously. FOREST LAKE CONTRACTING Richard Spengler, Forest Lake Contractin~ - stated since the last meeting they had the property tested by a c1vil engineering f1rm, a copy given to Mr. Schrantz. The engineer identifies the extent of the ground water, indicating the average yearly rise in ground water is about 1/2 the rise to the modeling line. He is here to determine what the high water mark means. The engineer has stated in his report that the dirt has been out there about 11,000 years and the modeling could have~occurred anytime during that period of time. Using 1/2 the rise to the modeling line means about a two-foot difference in elevation that they can excavate to. He asked what ,the Council calls the highest known ground water, the average yearly rise in ground water or the modeling line. Mr. Schrantz explained the Motion states 6~ feet above the highest known water level, but the ordinance says 6~ feet above the permanent water table or seasonal high water mark. He explained the water is presently at 894.7 feet and the modeling is at least four to five feet above that. The other question is could Mr. Spengler go deeper and dig a pond. Council questioned the ability to dig a pond due to the sand and clay levels. Regular City Council Meeting October 18, 1983 - Minutes Page 8 (Forest Lake Contracting, Continued) Mayor Windschitl felt that this property is not the right property for a borrow pit, feeling there are other more suitable properties in the vacinity that could be used. He didn't believe that the City would want to tear up some of its prime development property to save $100,000 for building Hanson Boulevard. There is future tax revenue from this; and if it ends up being just a swamp, what value is it to anyone? This property shouldn't be tore up as it is, wondering if there is a question now, if FHA or GI going to have a question when it is ultimately developed? Councilman Orttel read the engineer's report for FHA requirements, recommending a safe bottom to the excavation would be four feet above the modeling line indicated. He noted that is substantially less than what the City requires. Mr. Spengler - though the calculations have not been done, he was confident that going down to elevation 903 would provide sufficient borrow for the project, but he was almost positive that:only going down to 904 would not be enough. He stated if they do run short, they could-come back with an alternative proposal on Mr. Griswold's property to the south. Discussion continued with Mr.. Spengler on the location of the borrow within the 35- acre area. Mayor Windschitl again expressed concern over using this site for borrow and suggested other possible parcels that could be used. Councilman Elling was con- cerned with having buildable land left after the project and was satisfied with what the original motion stated for elevation. Mr. S)engler - explained the ditches on the roadway are going to be eight feet below the e evation they are asking for, and the top of the roadway will be five feet below the property. He didn't think they would be turning the property into a swamp. Mr. Steele - explained the water table in that entire area is about four feet art1fica11y low, depending on the county ditcn or the creek. That is what holds the water table and that has been excavated because of the sod farms. Councilman Orttel stated the reverse is also true in some areas. Dave Almgren, Building Ins~ector - stated the State Department of Health requires that the bottom of the dra10field not be any closer than three feet to the staticõ- water table. He also noted tha. Ordinance 17 calls for the basement floor not being any closer than three feet above the highest model line on the borings. Councilman Orttel stated in reading the engineer's report, going 6~ feet above the highest known is more restrictive than what is recommended. He had no problem with the engineer's recommendation. The water table is fairly constant at 894. The engineer has suggested that 1/2 that rise, or approximately two feet, is the average yearly rise, which comes to 896.5, plus 6~ feet would be approximately 903 feet. In other words, 903 would be 8~ feet above the current water level, which he was comfortable with. MOTION by Orttel, Seconded by Lachinski, proposing an amendment to the mining permit glven to Forest Lake Contracting that would define the maximum depth of any excavation to be 8~ feet above the current water level. (See Resolution R100A-83) VOTE ON MOTION: YES~Knight, Lachinski, Orttel; NO-Elling, Windschitl Motion carried. AMENDMENT - ZONING ORDINANCE AND PLATTING ORDINANCE The Clerk explained the suggested amendment before the Council would allow a two- story to have a ground floor of 80 percent of the minimum ground area for the district (80% of 960 feet in R-l, 3,4, and 5 zones, or 768 SF; and 80% of 1200 SF in R-2 zone, or 960 SF). The second floor minimum square footage would be 60 percent of the Regular City Council Meeting October 18, 1983 - Minutes Page 9 (Amendment - Zoning Ordinance and Platting Ordinance, Continued) minimum ground area for the district (576 SF in the R-l, 3, 4, and 5 districts; 720 SF in the R-2 district). There was considerable discussion as to whether or not 768 square feet on the ground floor is of sufficient size for a two-story house, or whether the percentages should be 85 or 90 percent of the ground floor requirement of the district instead. Councilman Lachinski was concerned because the square footage requirements in two-story homes are being reduced. Discussion was then on the definition of a story, with the Council questioning its application for multiple units. The Clerk stated in many instances the basements of apartments are rented out and are considered a story. Discussion was then on the recommended amendment on lot frontage. The Clerk explained under the present ordinance, a lot simply must abut a public road to be buildable. This would require the lot to meet the frontage requirement of the zone. In generãl, the Council saw nothing wrong with the ordinance as it currently stands, noting the various new and unique ways of platting in other cities to accommodate the usage of the land that would not be allowed in Andover. It was also felt that as the City develops further, there will be more and more odd-shaped parcels that will need to be dealt with. MOTION by Knight, Seconded by Orttel, a Resolution adopting the floor area as defined as presented, Section EE, and the example be a part of the motion so there is no doubt as to what is meant by it. VOTE ON MOTION: Yes-Elling, Knight, Orttel, Windschitl; NO-Lachinski Motion carried. MOTION by Orttel, Seconded by Knight, introducing an Amendment to Ordinance 8 and TIrdlnance 8J, Etc., under Section 302, 1111, Story, that portion of a building between the floor and ceiling with a minimum height of seven feet; basement shall not be considered a story in a residential structure. Motion carried unanimously. Section 302'WW - The general consensus was to leave the ordinance stand as is. ANDOVER VOLUNTEER FIRE DEPARTMENT REPORT Fire Chief Frank Stone stated the Department is proposing to add another Assistant Chief to the structure of their organization beginning January, 1984. The duties for the Department keep increasing and the duties need to be distributed among more officers 50 the others can get more relief. He estimated it would cost about $700 a year more for another,officer, but the Department's budget for 1984 has not yet been approved. He felt the amount could fit into whatever budget is approved. MOTION by Elling, Seconded by Orttel, that we allow the Fire Department to add the position of Assistant Chief. Motion carried unanimously. Chief Stone informed the Council that the EMS Coordinator, LeRoy Walkner, has resigned effective October 26 due to a change of jobs. Four people have applied for the position, and he will keep the Council informed of the new appointment. Chief Stone also noted this Saturday the Department will be having a bonfire behind the fire station to burn the last of the brush picked up from the July 3 storm, along with a hotdog roast and hayrides for the families. Chief Stone also reported last Monday several City staff were at the critique of the July 3 storm, feeling overall the City's response was very impressive. The problems were that the Council was not readily notified, that the Red Cross liked using the City Hall but were disappointed there is only one phone in the back, and that they could have supplied things longer if there was a freezer. Regular City Council Meeting October 18, 1983 - Minutes Page 10 (Andover Volunteer Fire Department Report, Continued) Councilman Elling also brought up that many of the houses in the Red Oaks area have not even begun to clean up the debris from the storm, asking what can be done about it. Attorney Hawkins stated there is a hazardous provision of the ordinance where the City would notify the owner what has to be done. If it is not done, the City can go in and do it or tear it down. He felt the best porcedure would be to start with some correspondence with the owners. The Clerk was asked to look into the situation and report back at the next meeting. Chief Stone stated two Assistant Fire Marshalls will be attending a fire inspection school in St. Paul from October 31 to November 4. They will then be certified as inspectors through the State for day care, etc.; and they will then be going through every business in the community, including home shops, to inspect them. Also, this Thursday, Friday, Saturday, and part of Sunday he was down at the State Fire Marshall's Conference in St. Paul, stating it was very educational. Chief Stone also reported he received two bids to do the carpentry work to complete the Fire Department. He felt the bids were too high, over $3,600. He has about $2,200 left in the building budget, asking for permission to use that money to complete the building. Council suggested Chief Stone look for lower quótes to do the work. ROAD COMMITTEE There was a lengthy discussion on the Roàd Committee's report and recommendation to bond $450,000 to complete several MSA projects in the City. Mayor Windschitl reported the Road Committee took both ends of South Coon Creek out and suggested on ly doing the middle rural section. The ends could be finished once the utilities have been put in. They are also recommending the construction of 161st and 157th Avenue for 1984. 157th Avenue was added to the 1984 project in an attempt to work with the City of Ham Lake, who is also planning to bond for their MSA roads for next year. He stated the three projects could be done in 1984 with monies left over. He also referred to the program prepared by Glen Cook of BRA showing the bonding of $450,000 and its effect. There is no effect on the general fund. The bond allows the City to build the roads sooner. There is also some money left over each year for a future Council to do some special projects if it is so desired. He also didn't feel there was a great deal of risk associated with this bond. Council discussion was on the criteria used to determine which projects will be done and in what order. Chief Stone stated that if South Coon Creek Drive was improved, it would be a good access for them to get to that side of the City, especially for a water su pp ly. Council also suggested looking at the intersection of South Coon Creek Drive to County Road 9, as it is presently a dangereous intersection. Other alignments were discussed, though no consensus was reached. Mayor Windschitl felt that in the rural area along South Coon Creek Drive, a rural road section should be used to allow utilities to be installed in the boulevards if they ever come through there. Mayor Windschitl also explained they put Ward Lake Drive in the proposal because there has been no decision on an east-west road alignment. The question of whether Ward Lake Drive should be done depends on the future alignment of Hanson Boulevard north of County Road 20. MOTION by Lachinski, Seconded by Elling, that the 1984 MSA Street Improvement Projects be 161st Avenue from Tulip Street to Round Lake Boulevard, 157th Avenue from .5 miles east of Priaire Road to University Avenue Extension, and South Coon Creek Drive .4 of a mile east of Round Lake Boulevard to .3 of a mile west of Crosstown Boulevard, and authorize the Attorney and City Engineer to begin to establish alignments and to begin to acquire right of way for those streets. DISCUSSION: was that there may also be some realignment needed along l57th Avenue, which should be coordinated with the City of Ham Lake. Motion carried unanimously. Regular City Council Meeting October 18, 1983 - Minutes Page 11 SENIOR CITIZENS CENTER Counc i 1 di~cus5ed some of the prob lems wi th the Seni or Citi zens Center such as the door knobs, lack of light switches, doors that won't close properly or won't stay closed, etc. General consensus was that the engineering firm, Bonestroo, Rosene, Anderlik & Associates, should be responsible for some of these things. MOTION by Lachinski, Seconded by Orttel, that we direct the City Engineer to contact the f1rm of Bonestroo to negotiate corrective action for the itemized problems in the Senior Citizens Center. Motion carried unanimously. It was suggested that Mr. Schrantz ask Otto Bonestroo to view the Center to discuss the items in question. EPA STUDY - LANDFILL/HAZARDOUS WASTE/WATER Council discussed the grant received by the City of Mankato for a water system and how that came about. Councilman Elling also noted he talked with Doug Day from the PCA today. Mr. Day told him they are having problems with the EPA approving labs to do the water tests, which means the stùdy and cleanup of Andover's landfill could be postponed by a month or so. But he has also heard it could be as much as a year because of the backlogs at the labs to process the water samples. Further Counci 1 discussion was on the frustration over the slowness at which things are occurring, debating what the City should do at this point. Nothing definite was decided. APPROVAL OF CLAIMS MOTION by Elling, Seconded by Knight, that we approve Checks 7070 through 7144 for a total of $72,468.67. Motion carried unanimously; MOTION by Orttel, Seconded by Elling, to adjourn. Motion carried unanimously. Meeting adjourned at 12: 10 a.m. Respectfully submitted, ~_.-- \.~ ~"I C ~U"',)"~L \.. Marce a A. Peach Record in Secretary